Frequently Asked Questions

The length of time depends on many factors. If the fault for the accident is clear, and there is no significant loss of dependency claim, then a wrongful death claim can be settled quickly, as most of the damages are set by statute or will be reimbursed for money spent on certain services. However, if liability is an issue or there is a significant loss of dependency claim, then a wrongful death claim could take several years to fully resolve.

If the fatal accident was caused by a motor vehicle accident, then there are likely Section B benefits available that will assist with expenses and provide some financial compensation early in the process, regardless of who was at fault for the accident. The Fatal Accidents Act also allows for the claiming of grief counselling as damage.

Yes, funeral expenses are expressly recoverable under the Fatal Accidents Act. 

The death of a loved one is a stressful and emotional situation. Nevertheless, the earlier a wrongful death lawyer is contacted, the better. Fault for an accident is something that is best examined when the incident is fresh. A lawyer can help with early investigation to determine what happened and if someone is at fault.

Proving liability can be an issue for a family in a wrongful death case. In most personal injury cases, the victim is the primary liability witness for the plaintiff’s case. In wrongful death cases, the victim is unable to provide evidence. Liability must then be shown with other evidence, either through other witnesses or expert opinions.

The wrongdoer is responsible for a wrongful death. Most of the time, the wrongdoer will have insurance that makes an insurance company responsible.

Wrongful death claims are similar to personal injury claims and require a careful analysis of fault and damages. These claims are defended by sophisticated insurance companies, which the law places in an adversarial relationship with the victim’s family. A personal injury lawyer can help level the playing field.

You can sue for wrongful death under the name of the executor or administrator of the estate if the estate is also bringing a lawsuit regarding the fatal accident. If the estate or administrator is not bringing an action, then the victim’s family can start a lawsuit in their own name against the wrongdoer.

Yes, there is a general limitation period of two years, which starts when the cause of action arises.

The damages for grief and loss of guidance, care, and companionship are set by statute. The other types of damage must be proven with evidence. Loss of dependency and household services may require an expert opinion.

There are set amounts of compensation under the Fatal Accidents Act, which outlines that $82,000 for a spouse, $82,000 for the parents (either split or all to one), and $49,000 for each child is available for loss of guidance, care, and companionship, as well as for grief. Other types of damages that can be claimed include travel expenses, funeral expenses, grief counselling, and loss of dependency and household services.

Yes, all the people listed in the Fatal Accidents Act can sue for wrongful death, but they all have to be done in one lawsuit.

The only people who are allowed to sue for wrongful death are set out by statute in the Fatal Accidents Act, RSA 2000. Those people are the victim’s spouse or partner, child, mother, father, or sibling.

Negligence in a wrongful death case is similar to other types of negligence, except the victim dies as a result of the negligence. This occurs in car accidents, but also other types of premises liability cases and negligence.

Wrongful death refers to a situation where a wrongdoer’s negligence causes the death of a loved one.

Truck accidents are not straightforward. They often involve trucks and trailers that are owned by companies in different provinces and sometimes from different countries. Determining fault may not be as straightforward as an accident between two cars. A personal injury lawyer can help simplify a highly complex situation and prove the injuries and impact on your life, maximizing the potential settlement for you and your family.

In most cases in Alberta, you have two years from the day you knew or ought to have known that you have a claim. Usually, this means two years from the date of the accident.

Who is liable for an accident depends on who caused the collision. In many truck accidents, liability rests with the driver and/or owner of the company, who may be overworking the driver or has loaded a trailer with too much weight.

Compensation can include but is not limited to pain and suffering, past and future income loss and/or loss of opportunity, out-of-pocket expenses, future care costs, loss of housekeeping capacity, and more.

Because of the size and weight of trucks, accidents can result in catastrophic injuries, including death, brain injury, spinal cord injury, broken bones, soft tissue, muscle injury, herniated discs, and more.

Common causes of truck accidents include driver fatigue, careless driving, speeding, other cars not giving trucks enough space to stop, impaired driving, and more.

The first and most important step is to seek medical attention. If you can be at the scene of the accident, it is important to obtain the information of the other drivers and vehicles involved, as well as the names and contact information of potential witnesses. 

In Alberta, snowmobiles operated on public property require the owners to obtain insurance. Unfortunately, this is not always followed. Whether a snowmobile accident occurred on private or public property, it is recommended that you speak with a personal injury lawyer as soon as possible.

Usually, there is a 2-year limitation period from the day of the accident.

A personal injury lawyer can help investigate who is at fault for the accident. This is an important step that can be extremely difficult without a lawyer. It is equally important for a lawyer to help with proving what you have lost because of an accident. This includes what you and your family will lose because of your injuries, including pain and suffering and the impact your injuries have on your mental health, relationships, and more.

Compensation can include but is not limited to pain and suffering, past and future income loss and/or loss of opportunity, out-of-pocket expenses, future care costs, loss of housekeeping capacity, and more.

If you are injured by an uninsured snowmobile, you may be able to pursue a claim against the owner and/or driver of the snowmobile, the owner or occupier of the land on which the snowmobile was being operated, or the manufacturer, if the accident occurred because of a malfunction.

Some of the most common injuries are brain injuries, spinal cord injuries, broken bones or fractures, psychological injuries, and more.

Common causes of snowmobile accidents include speeding, careless driving, poor weather conditions, poor visibility, impaired driving, and minors being allowed to operate a snowmobile.

Seek medical attention, report the accident to the authorities, collect information from the scene of the accident, including contact information of potential witnesses, take pictures, and seek legal advice.

A personal injury lawyer is extremely important in a slip-and-fall claim. Slip and fall claims are technical. They can require specific reporting to the occupier. The analysis of the hazard and standard of care required of the occupier can be complex. Finally, the assessment of damages requires a legal opinion. Insurance company representatives are well versed in all these areas of the law, as are the lawyers they hire to defend the occupier. A personal injury lawyer on your side can help make things even so you may receive the compensation you deserve.

Both liability and damages impact the compensation for a slip and fall. Liability refers to fault. A slip and fall accident is a fault-based accident, which means the occupier must be at fault for you to get compensation. In a settlement, the parties will assess the risk of fault being found. In some cases, it is clear that there is a liability. In some cases, it is clear that there is not. Many cases fall into the gray area in the middle. How injured you are and how it affects the quantum of your damages also impacts your compensation. The bigger the damages, all else being equal, the bigger the settlement.

The legal analysis is the same for a slip and fall and a trip and fall accident. The difference is the mechanic of the fall and often the type of offending hazard. For example, you are more likely to slip on ice than on a bunched-up carpet, and you are more likely to trip on a bunched-up carpet than on ice. The key to both types of cases is whether the premises were in a hazardous condition and whether that hazardous condition caused you to fall.

Negligence is a general legal term that was developed under common law to capture the duty of care that people owe to those who might reasonably foreseeably be injured by their actions. In slip and fall claims, we often deal with liability under the Occupiers’ Liability Act, RSA 2000. The duties created by both the common law of negligence and the Act are very similar and require an occupier to take reasonable care to make sure the premises are safe for visitors. If a visitor slips and falls because the occupier failed in this duty, the occupier is negligent.

Slip and fall accidents can result in orthopedic injuries such as broken bones or torn ligaments. Even without a broken bone, slip and fall accidents can cause back pain or neck pain, which sometimes becomes chronic. People can hit their head in a slip-and-fall accident and sustain a concussion or mild traumatic brain injury. Slip and fall accidents can also result in spinal cord injuries.

Compensation, or damages, are determined by dividing your case up into segments known as heads of damage. This includes specific quantification of:

• Pain and suffering;
• Past wage loss;
• Future wage loss;
• Out-of-pocket expenses;
• Expected future care;
• Loss of housekeeping capacity; and
• An in-trust claim for those who went above and beyond to care for you in your time of need.

A strong slip-and-fall case has the following legal elements: a duty of care, breach of duty, causation of injury or damage, and substantial damages. A duty of care is owed by a premises occupier to users of the premises. A breach of that duty occurs when the premises is in a hazardous state that should have been prevented or fixed by the occupier. Causation is a logical connection between the hazard and your slip and fall – for example, the presence of ice caused you to slip. Substantial damages in a personal injury claim refer primarily to pain and suffering, wage loss, out-of-pocket expenses, or expected care costs.

There are time limits for bringing slip and fall claims. The general time limit that applies to the majority of claims is two years, as set out in the Limitations Act, RSA 2000, c L-12. There are exceptions to this time limit, including for minors or people with a legal disability. There are also other time limits that may apply, such as notice provisions to be provided to a municipality if the slip and fall occurred on its property.

If you slipped or tripped on public property, it is important to contact a lawyer in a timely manner for advice on how to proceed. Some public property, such as hospitals or schools, may not have any special laws or rules that differentiate them legally from other premises occupiers. Some public property, such as municipalities, do. These special rules often involve reporting requirements – essentially telling the municipality about the slip or trip. These reporting requirements have deadlines measured in weeks rather than years and must be acted on quickly. If you have tripped or slipped on public property in Calgary, you can call one of our slip-and-fall accident lawyers for a free consultation.

If you are involved in a slip and fall accident in Calgary, your first priority is to ensure that you are safe and able to receive any medical attention or other assistance that may be required. After your immediate needs are met, you should identify the hazard that caused you to fall and any witnesses to the fall or the hazard. Photographs of the hazard are particularly helpful. The primary burden on a plaintiff to prove liability in a slip and fall claim is to show that the premises on which you fell was in a hazardous state.

For medical benefits, you must complete and submit the proper forms 90 days after the accident. For disability benefits, the time limit is 60 days.

No. These are “no-fault” benefits and are payable to drivers, passengers, pedestrians, and cyclists. There is no direct link between claiming Section B benefits and insurance rates.

This should not affect your ability to claim Section B benefits in most cases, so long as you have valid insurance. If you were a passenger in a single-vehicle accident where the at-fault driver did not have insurance, you still may have coverage through your own personal policy or the policy of a family member or other member of your household.

You claim Section B Benefits by being assessed by a primary health care practitioner for your injuries, file a report about the accident with the police, send a Form AB-1 “Notice of Loss and Proof of Claim” and a Form AB-1A “Disability Benefits” to your insurer, and have your primary health care practitioner fill out a Form AB-2 “Treatment Plan” and send that to your insurer.

Yes, Section B Benefits provide a deceased’s family with $5,000 for funeral expenses, $400 in counselling per family member, and a “death benefit” that varies depending on the family member.

No. The law puts the insurance adjuster of the at-fault driver in an adversarial relationship with you. It is the adjuster’s job to minimize your claim. Insurance adjusters are professionals well-versed in the law. They know that anything you say to them can be used as evidence against you later. If you say the wrong thing, they have an obligation to their employer and their insured driver to use your words against you.

A Section B claim is closely related to a fault-based personal injury claim. Our personal injury lawyers look after the technical aspects of the law so you can focus on getting treatment and getting better. Sometimes, access to treatment is a barrier and another headache that you do not need to deal with. Our personal injury lawyers can help remove those barriers and facilitate the timely payment of Section B Benefits.

Section B Benefits cover treatment expenses, medication expenses, and other types of medical expenses. If you are disabled from work due to an accident, they can provide disability benefits.

Yes. Section B benefits are called “no-fault” benefits because they pay regardless of who was at fault for a motor vehicle accident. In situations where someone else was at fault for an accident, you can claim additional compensation from them in a fault-based claim.

There are limits on certain treatments and therapies, such as massage therapy or chiropractic treatment. However, the general maximum is $50,000 for medical expenses.

If you have been injured in a motor vehicle accident, you almost always qualify for Section B benefits. The only requirement is prompt reporting of the accident and your injuries in the proper forms to your insurer.

Section B benefits cover more than just the person who purchased the insurance policy. It includes the passengers in a vehicle. Even cyclists or pedestrians struck by a motor vehicle will be covered.

Section B benefits are no-fault benefits that are mandatory in all motor vehicle insurance policies in Alberta.

The following types of products frequently see product defects:

• Motor vehicles and motor vehicle parts;
• Sports equipment;
• Stoves and home appliances;
• Skin care products;
• Vaporizers;
• Laser pointers;
• And more.

You may still be able to sue even without a receipt. However, this will depend on the nature of the defect, the type of product, and the manufacturer. You may lose the ability to sue the vendor. It is best to consult a lawyer to confirm your rights.

A lawyer can assist in investigating your claim and confirming all the potential at-fault parties. Further, lawyers have a lot of experience negotiating with insurance companies and advancing personal injury claims in litigation.

The manufacturer, distributor, or vendor of the product may be responsible for the claim. It is important to investigate your claim and confirm all the potential at-fault parties.

You may be entitled to money for pain and suffering, out-of-pocket expenses, and lost wages, among others.

Products may be defective by never working as intended, by not being durable, or if the instructions or warnings are inadequate. There may be problems with the manufacturing and packing, or the product may be damaged during transit.

You should maintain any receipt or confirmation of payment from your credit card. Your injuries will be documented in your medical records. If you have lost income, records from your work or your tax returns will be important to prove that aspect of your claim. Finally, keep your receipts for medicine or treatment related to your injury.

Seek medical attention with your family doctor or a hospital. Follow all medical recommendations. It is important to keep the product and any invoice confirming you purchased. Contact a lawyer about your rights.

There is a 2-year limitation period on almost all claims, including product liability lawsuits. You should commence your action before the 2-year anniversary of your injury.

That depends. There are some situations where releases have no impact, while others can be a complete defence. Everyone knows that skiing is risky. When you sign a release or a waiver, the courts generally uphold the release. However, minors cannot enter contracts, and any attempt to have them or their parents sign releases on their behalf is generally meaningless.

A duty of care means you have an obligation to consider other people’s safety. Generally, the obligation is one of reasonableness. For instance, ice on a cold day is a foreseeable risk. When the temperature fluctuates around zero, there is a greater chance of snow melting and ice forming. Property owners have a duty to their guests or customers to consider ice and try to address this risk.

Injured people may be partially responsible for the accident, but this does not stop you from making a claim. The court will always assess what caused the accident and how the party’s actions led to that injury. If the injured party is solely responsible for their own misfortune, they may not be able to recover damages. You should consult a lawyer for their assessment of your claim.

Anyone injured on a commercial property can make a claim. You can also make a claim against another person’s home. If you are injured in your own home, typically, your homeowner’s insurance will not offer any compensation to you or your family that resides there.

Lawyers can help prove your case and recover damages. Dealing with the opposing side of premises liability claims can be challenging. Whether it be an insurance adjuster, a defence counsel, or ultimately a judge, personal injury lawyers have a skillset to assist in presenting your case and securing money for you.

Injured people have two years to sue on personal injury claims. However, if you want to sue a municipality, you must notify them within 21 or 30 days of your intention to do so.

Slips and falls and trips and falls are the most common types of injuries on properties.

The property owner is often primarily responsible. However, commercial properties may have businesses that lease the property, property management companies, and winter maintenance companies that also may be at fault for claims.

Documenting the condition of the property is important. The presence of dangers, like snow, water, or ice, may be in dispute at a later date. All property owners must take care to ensure their guests are reasonably safe. What is reasonable depends on the type of property, the number of guests, the type of guests, and the risk. Property owners must have a reasonable system of inspection and maintenance to avoid responsibility. Consult a lawyer to find out about your claim.

If you have an opportunity, take a photograph of the area where you were injured. You should also get witness contact information when possible. The priority is always your health. See a medical professional to assess your injuries. Finally, contact a lawyer to discuss your claim as soon as possible. When suing a municipality, you are required to notify them within 21 or 30 days.

Injuries at businesses and private residences are common. Premises means a house or property. Premises liability means when someone is injured on a premises and the owner, manager, or maintenance company is at fault for the injury.

We only charge fees if we are successful in your case, and we will never charge you back for expenses incurred in an unsuccessful case.

If you are asking this question, you should contact a personal injury lawyer. We provide free consultations with no obligation. If you think you have a situation where a personal injury lawyer might help, call us and ask!

No. Our lawyers only represent accident victims and never insurance companies.

Our personal injury lawyers know the law and what evidence is important in your case and will fight for you. Insurance companies also know the law and what evidence is important, but they are fighting against you. Our personal injury lawyers will deal with the law and the insurance companies and let you focus on your health and treatment.

A case can take months to years to settle, depending on the severity of your injuries and the complexity of the case.

In personal injury claims, you can claim damages for the following:

• Pain and suffering;
• Loss of earning capacity, both past and future;
• Out-of-pocket expenses;
• Future cost-of-care; and
• Loss of housekeeping capacity.

If you want to sue somebody, in most cases, you have a time limit. If you do not file your lawsuit in time, your legal claim is extinguished. These time limits are set out in various statutes (laws). A law that sets down a time limit to start a claim is known as a statute of limitations. It is very important to know the time limit to start your claim. If you miss that deadline, your claim can no longer be pursued.

After a settlement, it typically takes between 4 – 6 weeks before you receive your funds.

Each lawsuit has a number of legal elements that must be assessed to determine the strength of the whole lawsuit. Our lawyers assess these elements and use the proper evidence to prove them. We will be honest and upfront with you about the strengths and weaknesses in your case.

The vast majority of cases are settled before trial. In the cases that go to trial, the plaintiff usually makes a decision to go to trial after turning down an offer to settle from the defendant. However, there are cases where the defendant does not offer sufficient money to settle the case, and the only fair way to get the compensation you deserve is to go to trial.

No! Since we work on a contingency fee that is a fixed percentage of the settlement, we do not charge you for phone calls or meetings. This means you can feel confident in picking up the phone or meeting with your lawyer without worrying about how much you are being charged.

No. We only charge a fee after we have successfully won your case. In addition, we will cover the expenses of the lawsuit along the way and claim those back as part of the settlement. You do not have to pay anything upfront.

A contingency fee refers to a fee that is payable after settlement and is calculated as a percentage of that settlement.

Our personal injury lawyers do not require payment until after settlement. Then, the fees are payable out of the proceeds of the settlement. If there is no settlement, we do not charge a fee.

Yes. There can be various time limits associated with making a personal injury claim. The most common time limit is the two-year limitation period set out under the Limitations Act, RSA 2000, c L-12. This limitation period can be suspended in some cases, particularly when minors or people with a legal disability are involved. In addition, there are sometimes important notice periods where you must notify a defendant, such as a municipality, with a much shorter period.

No. Personal injury settlements are not “taxable income” for the purposes of your tax obligations. This is true even if the personal injury claim has wage loss components, and those wages would have been taxable income.

Yes. It is called contributory negligence if you are partially at fault for your injury. Your claim is reduced by the percentage of fault attributable to your fault. However, you can still make a claim against other at-fault parties.

A personal injury claim is valued by assessing the quantum of the case against the risk of no or partial liability.

The quantum of a case is based on how much pain and suffering, wage loss, out-of-pocket expenses, care costs, and housekeeping capacity have been incurred. Liability is based on the chances of success against the defendant and the chances of some liability being put back on you.

No. In fact, a very small percentage of personal injury claims go to trial. The vast majority settle somewhere along the path from commencement to trial.

Yes. Choice of counsel is a legal right. In contingency cases, when deciding you want to change lawyers, the new lawyer will obtain the legal file from the old lawyer and pay out any disbursements incurred to date. Then, upon settlement, the legal fee (usually a percentage of the settlement) will be the same whether you switched lawyers or not, and the two lawyers will work out among themselves what a fair split of that fee is based on who did what.

Settlements are binding and final, with very few exceptions. The law has developed to provide as much certainty as possible when cases are resolved. This means that a settlement is almost always final. The situations where a settlement may not be binding are those that involve fraud, duress, undue influence, or an unconscionable settlement. These situations are rare, but if you believe one of those applies to your settlement, you should contact a lawyer.

Going back to work affects your case. As wage loss is a part of your case, there is a link between how long you are off work and how much your claim is worth. However, this does not mean it hurts your case to return to work. It helps illustrate what your case is for everybody. Even if you ultimately cannot return to work, it is valuable to try to go back. If you cannot return to work, your case will be stronger if you try.

Yes. A personal injury claim does not dictate how you live your life. Our personal injury lawyers will look at how the injury affected your life when making your claim. How long you are off work will affect your claim, but the fact that you have a claim is not a deciding factor in your return-to-work journey. Your job is to go to treatment, get better, and get back to work and your regular life as soon as possible.

Pre-existing injuries make lawsuits more complicated and increase the need for legal help. Insurance companies will use a pre-existing injury as a defence against your claim to the full extent of the law. A personal injury lawyer can help frame the realities of a pre-existing injury to benefit your case. For example, if you have a pre-existing injury, then you are more likely to be injured in an accident than a healthy person.

If you are injured in an accident, attending to treatment is important for your health and the legal claim. Unfortunately, in situations where there are no benefits covering treatment, you might be in a position where you cannot afford it. The insurance company against whom you are making a claim can voluntarily assist with treatment, though they have no legal obligations to do so. In some circumstances, treatment can be obtained on credit, with a promise to pay the provider at the time of settlement.

A personal injury claim involves numerous steps. Along the way, the parties can settle. The first steps involve giving the defendant notice of the claim and collecting documents and witness information. If the parties cannot settle, you must file a lawsuit in court to go further. That triggers a lot of rules and obligations under the court’s rules. A case will go to trial if it is never settled.

Negligence is a cause of action that arose in common law over the years. The law of negligence requires everyone within the jurisdiction to take reasonable care and not injure their neighbours. In this context, “neighbour” means anyone who might reasonably and foreseeably be harmed by your activities. If you are driving, that includes other users of the road. If you run a business, it means people who might come onto your premises.

Personal injury claims can be complicated. We have an adversarial system in Calgary, which means the insurance company against whom you are making a claim has interests that are opposed to yours. The insurance company can use the law to its advantage to oppose your claim. Insurance companies are sophisticated litigants. A personal injury lawyer can level the playing field between you and an insurance company.

Compensation can include but is not limited to pain and suffering, past and future income loss and/or loss of opportunity, out-of-pocket expenses, future care costs, loss of housekeeping capacity, and more.

In most cases in Alberta, there is a 2-year limitation period from the day you knew or ought to have known that you have a claim against another party. In most cases, this means two years from the date of the accident. There are some exceptions, including cases involving minors.

In motor vehicle accidents involving two vehicles, the injured person must prove that the other driver was at fault. In most pedestrian accidents, it is the responsibility of the driver to prove they were not at fault for the accident. This is referred to as a “reverse onus,” putting the ball in the court of the driver to show they did everything to try and prevent the accident.

Yes. The at-fault party does not need to be 100% at-fault for the accident in order for you to have a viable claim.

If you were injured by a driver who does not have insurance, you may be able to access the Motor Vehicle Accident Claims Program (MVAC), which is designed to provide minimum compensation for victims of accidents caused by uninsured drivers.

The most important thing to do after an accident is to seek medical attention. If you can, obtain as much information from the scene of the accident, including the make, model, and license plate of the vehicle(s) involved, as well as the names and contact information of potential witnesses. Take pictures at the scene of the accident and call 9-1-1 to further investigate.

Common injuries include brain injuries, spinal cord injuries, soft-tissue injuries, broken bones or fractures, psychological injuries, and more.

Common causes for pedestrian accidents include J-walking, weather conditions, poor visibility, drivers not paying attention, speeding, not following the rules of the road, and more.

A pedestrian accident is an accident that occurs between a pedestrian or cyclist and a motor vehicle.

If you are injured, the first thing to do is call 9-1-1 and seek medical attention. If you are able to while at the scene, it is important to note as much information as possible about the other vehicles or parties involved. If there are potential witnesses, it is recommended to get their names and contact information. Once you have sought medical attention, note down important details, and report it to the authorities. It is strongly recommended to speak with a personal injury lawyer to understand your legal rights.

It is not recommended to accept an offer of compensation without first speaking with a personal injury lawyer.

Compensation is assessed based on separate heads of damage. Pain and suffering, for example, will depend on your injuries, how the injuries impair your function, how they impact your personal life, relationships, and more. Other heads of damage include lost income, future loss of income or opportunity, out-of-pocket expenses, future care costs, loss of housekeeping capacity, and more.

In Alberta, there is a general limitation period of 2 years from the date of the accident. There are some exceptions to this rule, and it is recommended that you speak with a personal injury lawyer for more information.

Yes. Who the insurance company determines as the at-fault party does not determine who is or will be found to be at fault for an accident in the eyes of the law. If you were injured in a motorcycle accident and the insurance company says it’s your fault, it is recommended that you speak with a personal injury lawyer.

As a motorcyclist, there is an expectation that you take reasonable steps to protect yourself from injury. That includes wearing a helmet, gloves, boots, and other protective gear. Your settlement amount may be impacted if you failed to wear protective gear that would have prevented or lessened the extent of your injury. For example, if you sustain a foot injury but are not wearing a helmet, this should not impact your settlement since a helmet would not have protected your foot.

Compensation can include pain and suffering, loss of past and future income loss, future care costs, out-of-pocket expenses, loss of housekeeping capacity, and more. The goal of compensation is to put you back in the same place had the accident not occurred. Without a time machine, this means bringing you back to the same position, insofar as possible, with monetary compensation.

A personal injury lawyer can help with proving who caused the accident and the impact the injuries have had on your life. If you are unable to prove that the other driver(s) were at fault, your case may be dismissed, irrespective of the level of injury. A personal injury lawyer can help investigate fault using several different avenues, including the retention of forensic engineers who can reconstruct the accident scene and more.

Common injuries include brain injuries, orthopedic injuries, fractured bones, spinal cord injuries, soft-tissue injuries, psychological injuries, such as fear of driving, and more.

The most common causes of motorcycle accidents include speeding, distracted driving, impaired driving, and careless driving. Many motorcycle accidents are caused by other motorists who fail to yield to motorcyclists.

The first and most important step is to seek medical attention. If you are able to remain at the scene of the accident, it is important to obtain the information of the other drivers and vehicles involved, as well as the names and contact information of potential witnesses.

Sometimes yes. Long-term disability contracts are often set up to have an exclusion for pre-existing conditions. These exclusion clauses typically only apply if you become disabled within the first year of coverage on most group policies. However, it is very important to read the specific language of your insurance policy if you have become disabled from a long-standing or pre-existing ailment.

Short-term disability is similar to long-term disability but has a shorter waiting period to kick in and a shorter duration. Sometimes, the insurer or entity that pays short-term disability is different than the insurer that pays long-term disability. Since it is a different benefit, there is often some difference in the compensation formula between the two.

The long-term disability claims we handle are from private long-term disability companies. Canada Pension Plan Disability is a statutory pension plan run by the Federal Government that you may or may not qualify for depending on your contributions to CPP and your injuries.

Yes. Mental illness is increasingly being recognized as a real and problematic cause of disability for a substantial percentage of the population. In addition, these ailments are often invisible. Because of that, insurance companies will suggest that you have not met your burden to prove your mental illness exists and is disabling to deny your claim.

If you have been denied long-term disability benefits, it is time to contact a lawyer to discuss next steps. Our consultations are always free, and there is no obligation to sign up.

Copies of your policy, the denial letter, and your medical records are generally needed to support your long-term disability claim. Our lawyers can work with you to determine what documents exist and how to collect them to make sure nothing is missing.

The insurance company will provide you with options to appeal their decision. Keep in mind these appeal processes are usually created by the insurance company and adjudicated by the insurance company. And they do not stop the limitation period from running. Our lawyers will file a lawsuit instead and put the claim into the impartial realm of the court system.

The most common causes of disability are related to chronic pain and psychiatric disorders like anxiety or depression. However, there are many causes of disability, including:

• Chronic pain;
• Depression;
• Anxiety;
• Brain injury;
• Stroke;
• Heart attack;
• Cancer;
• Injury;
• COVID;
• Stroke;
• Orthopaedic injury;
• Paralysis;
• And more.

You can claim contractual damages for past benefits that should have been paid. In a settlement discussion, you can claim for future benefits that will be paid, but in a trial, you cannot make this claim. Finally, if the denial was in bad faith, you can make an extracontractual claim for aggravated damages and/or punitive damages.

Long-term disability cases are several heads of damage that are assessed independently. First, there is the arrears or the past benefits that have not been paid. Next, there are potential future benefits. Finally, if a denial was made in bad faith, there may be extracontractual damages that can include aggravated damages or even punitive damages against the insurance company.

Yes. The Insurance Act, RSA 2000, sets a two-year limitation period that commences two years after the claims arise.

Long-term disability claims arise when you have disability insurance, either through your work or privately, that denies your claim after you have become disabled.

Unfortunately, perpetrators seek out work with children. Therefore, institutions must be vigilant in training and monitoring staff and taking any allegations very seriously. Leaders of organizations may be hesitant to expose these types of allegations and fully investigate claims as it will hurt the institution. This concern to protect the organization may lead to this same staff continuing to abuse the same victim or others.

Records about the victim and the perpetrator are both important to confirm what happened and the impact the abuse had on the victim. We strongly recommend expert reports from a psychiatrist, a vocational expert, and an economist to fully prove the case.

Institutional abuse cases typically involve the following steps:

• Investigate the claim and get the right parties;
• File a lawsuit;
• Develop your case through documents and experts;
• Participating in discovery to provide a chance for the lawyers to ask the parties questions about the case;
• Participate in Mediation. Mediation provides a chance to resolve your case without going to court; and
• Go to trial. Most cases settle, but if the parties cannot reach an agreement, asking a court to assess the case is the solution.

Yes. Lawyers can bring an application to the court and get an order to proceed with the lawsuit, but only list your initials.

Compensation, or damages, are determined by dividing your case up into segments known as heads of damage. When abuse causes a student to leave school or alters their career, these claims can be quite significant. The typical heads of damage for abuse claims include:

• Pain and suffering;
• Past wage loss, including interest;
• Future wage loss;
• Out-of-pocket expenses; and
• Expected future care.

The limitation act changed, so there is no time limit for bringing your claim. The government recognized that assault victims often repress memories, and it would be unfair to prevent victims from bringing their claims before they remember what happened.

Lawyers can help investigate your claim and confirm the right entities to sue. Determining the governance of religious and other organizations is not always obvious. Lawyers hire experts to explain the impact of the trauma on your life and career. Telling your story is essential to getting a strong result.

Both the individual abuser and the organization that put them in a position of trust may be liable to pay victims damages. Most organizations have insurance in place for specific periods, so the insurer who covered the period when the abuse happened ultimately pays for the compensation.

Any victim of institutional abuse can sue. The limitation period has been changed to remove strict limitation periods when bringing their claims, so you may be able to bring a lawsuit for abuse that happened decades ago.

Abuse is physical or sexual violence. Institutional abuse is when organizations fail to train or monitor their staff, and abuse is allowed to continue and spread. Organizations may also fail to investigate allegations of abuse, which allows abusers to continue their crimes.

A dog attack is not a technical term and can refer to many types of dog incidents. Dog bites are the most common. Dogs injure people in other ways, too. Sometimes, an aggressive dog will knock someone to the ground and cause injury in the fall. These, too, would fall under the definition of a dog attack.

The types of compensation you can get from a dog attack are similar to other types of personal injury claims. They include:

• Pain and suffering;
• Past wage loss;
• Future wage loss;
• Out-of-pocket expenses;
• Expected cost of care; and
• Loss of housekeeping capacity.

Yes, though the liability analysis may change depending on what happened in the dog attack. Cases for property damage are generally less serious and substantial than those for personal injury, though this is not an absolute rule.

Yes, there is no minor injury cap in dog bite claims. It is important to be fully aware of the full consequences of a dog attack. For example, someone with minor physical injuries may suffer significant psychological injuries from the same attack.

The amount of money available depends on how injured you are and how those injuries affect things like your job or medical expenses. Cases where a dog attack causes you to miss substantial amounts of work will be worth more than cases that don’t affect your work.

A personal injury lawyer can help with your claim by handling the technical and legal aspects of your claim. This frees you up to do the most important job, going to treatment and getting better.

You should contact a lawyer as soon as you can. Dog bite cases are legalistic and technical. If the correct evidence is not located and preserved, then you may not be able to locate the responsible party or prove liability.

To succeed in a dog attack case, you must prove liability and damages. To prove liability, you must prove that the owners or handlers of the dog knew the dog was violent before it bit you or were otherwise negligent. To prove damages, you must prove you were injured and suffered losses either through pain and suffering or financially.

First, you must identify who they are. Then, you must prove that their dog had a propensity for violence and that the owner knew of that propensity or that they were otherwise negligent. This may require witnesses of a previous incident involving the dog.

Dog attack laws are technical and complex. Unfortunately, in some cases, no one is responsible for a dog attack, particularly if the dog has never attacked anyone before. If the dog has attacked people before or displayed violent tendencies, then the owner or handler of the dog may be responsible.

Puncture wounds and crush injuries are common and can lead to infections. In addition, people who are attacked by dogs often fall down and can suffer broken bones and other serious injuries in the fall. The psychological consequences of a dog attack can also be significant and can cause psychological injury.

After you are safe and medically attended to, you need to secure the identity of the dog and its owner or handler. You also need to secure the contact details of any witnesses and report the attack to the local animal control.

Yes. If your loved one was injured or killed in an airplane accident, it is possible for you to have a claim against the airline or other third party. Your rights depend on how the accident occurred and the origin and destination of the flight.

If you were injured in an airplane accident, there is a 2-year limitation period. This means you must file a lawsuit within two years of the accident to preserve your legal rights. While there may be some exceptions to this rule, it is recommended that you consult an aviation lawyer as soon as possible to avoid prejudicing your claim.

Compensation after an airplane accident can include pain and suffering, past and future income loss, loss of housekeeping capacity, out-of-pocket expenses, future care costs, and more.

Liability in an airplane accident depends on three main factors. How did the accident happen? Where did the accident happen? Where did the flight originate? What was the final destination? The answers to these questions will determine what law applies and the viability of a case in Alberta.

If you have been involved in an airplane accident outside of Alberta, the first and most important thing to do is seek appropriate medical attention. The second thing is to report the injury to the carrier. Third, you should speak with an aviation injury lawyer to determine whether you have a case and to discuss the next steps.

On most international flights, if an injury occurs because of an accident, the airline carrier is responsible to a certain extent. The law considers accidents to be things that one cannot reasonably expect during a flight. For example, turbulence would not be an accident. For domestic flights within Canada, the person or entity who caused the injury may be liable. In this case, it is necessary to prove that the person who caused the injury was negligent. For most international flights, negligence does not need to be proven in every case.

If you are injured on an airplane, the first thing to do is report it to a member of the flight crew. This is especially important when the injury occurs where other passengers or crew members are not impacted. For example, a passenger can be severely injured by baggage falling from an overhead compartment when no air carrier staff are around. It is also important to seek medical attention and, when possible, reach out to an experienced aviation lawyer about your legal options.

Common injuries on an airplane include burns from hot beverages, head injuries from overhead baggage being dropped, physical injuries from the service cart, physical injuries sustained in a hard or crash landing, and more.

Your legal options after an injury on an airplane are different than when you are injured in a car accident or after a slip and fall. Due to the nature of air travel, the injury may have occurred in a different country or province. The small details of where and how the accident occurred can determine whether you have a viable case or not. A personal injury lawyer can investigate and determine what laws apply and whether you have a viable case in Alberta.

Yes. Most people have some underlying health conditions. If those conditions include pain, particularly neck or back pain, they are especially vulnerable to an aggravation of those conditions. While insurance companies will try to use pre-existing conditions as a defence to a personal injury claim, people with pre-existing conditions are easier to injure and, take longer to heal and can sustain life-altering aggravations from motor vehicle accidents.

The claims process for pedestrians and cyclists is similar to accidents between vehicles. In fact, sometimes pedestrians and cyclists can run into trouble if they do not take the same steps to obtain the other driver’s ID, insurance and licence plate. Section B benefits are still generally available except in rare situations.

Yes. Emotional distress almost always follows physical distress and is a common injury in motor vehicle accident claims. Sometimes, emotional distress is more serious and can lead to a diagnosable psychiatric condition. Motor vehicle accidents can also be traumatic and can cause trauma-induced distress disorders such as post-traumatic stress disorder.

If you were uninsured, you will not have access to Section B benefits, but you can still make an at-fault claim against the other driver if they were at fault for the accident. If the other driver is uninsured, you will have access to your own Section B benefits. If the uninsured driver was at fault, you can make a claim against the Motor Vehicle Accident Claims Program.

After ensuring your safety and health are accounted for, you must obtain the identification, insurance, and licence plate of the other vehicles and drivers involved in the accident. Obtain the contact details of any witnesses, as determining fault for an accident is a significant part of the case. The accident should be reported to your insurer promptly.

Yes. First, any medical expenses covered by Section B that are not claimed in the lawsuit can be recovered as you go. Any medical expenses that were medically justified and reasonable, over and above Section B benefits, can be claimed in the lawsuit. This usually includes treatment and medications that exceed the Section B limits.

Each case is different. In a serious motor vehicle accident case, we must know how your recovery will be before we can value the case. This can sometimes take a couple of years before we know for sure. It is generally a mistake to settle your claim too early. Early settlements typically assume a full recovery without setbacks. We want to avoid situations where you settle your case early, and those assumptions turn out to be wrong.

Yes, most of the time. If you cannot work after an accident, several sources of benefits might be available to you. You may have disability coverage through your work or employment insurance. If you do not, then in most cases, you will qualify for Section B benefits. If your disability is prolonged and indefinite, you may qualify for CPP disability benefits as well.

Most people injured in car accidents have access to Section B benefits. These are no-fault benefits that pay for treatment, medication, and other health-related expenses. No-fault benefits can also provide disability coverage if you are disabled from working.

Yes, if they are injured in an accident or are making a claim for wrongful death due to a close family member dying in a car accident. If your family member was not injured in the accident, aside from wrongful death claims, there are limited avenues to sue an at-fault driver.

Personal injury lawsuits require technical skills to be advanced properly. A personal injury lawyer can help by making sure the legal and evidentiary parts of your case are being properly advanced. This allows you to concentrate on going to treatments and getting better.

You can claim compensation for pain and suffering, past wage loss, future wage loss, out-of-pocket expenses, expected future cost of care, loss of housekeeping capacity and an in-trust claim for people who have gone above and beyond to care for you when you were injured.

The primary cause is careless motorists who don’t see cyclists. However, there are lots of other causes: road rage incidents, dangerous construction zones, dangerous paths, or inadequate signage.

Contact a lawyer. If you were injured by a vehicle driven by an uninsured person, you may still be able to access compensation through the Motor Vehicle Accident Claims Program. In some situations, you may be able to access benefits through homeowner’s insurance.

Yes. The most important element of equipment is your helmet. Courts have found that if you do not wear a helmet and you sustain a head injury, you will likely receive less money.

Absolutely. Liability or fault is a tricky legal issue. It is wise to consult a lawyer to discuss your claim and consider the strength of your case.

Cyclists are often at risk of broken bones, brain injuries, and soft tissue injuries.

You have two years to sue in Alberta for injuries resulting from a bicycle accident.

Take photographs of the scene of the accident and any damage to your bike or the other vehicle. Get the contact information of any other parties and witnesses. Seek medical attention and follow their advice. Contact a lawyer and ask for an assessment. Keep all receipts for expenses related to the accident.

The severity of your injuries and the impact they had on your life will determine the types of compensation or heads of damages you are entitled to. Money for pain and suffering, wage loss, and out-of-pocket are the typical types of compensation available.

If you are injured, you may be entitled to compensation for your accident. To recover money, you will need to determine who to contact and how to effectively communicate with them. Lawyers have experience dealing with insurance companies and defence lawyers to prove your case and secure funds. If you sue, we strongly recommend that you hire a lawyer to help you.

Whether the driver has insurance will impact how your claim will progress and your ability to recover damages. Securing evidence about the accident and injuries is key to having a successful ATV.

Yes. The most important element of equipment is your helmet. Courts have found that if you do not wear a helmet and you sustain a head injury, you will likely receive less money.

Generally, you have two years to sue for an ATV accident.

Compensation depends on your injuries and the impact on your life. The typical heads of damage for ATV accident claims include:

• Pain and suffering;
• Past wage loss;
• Future wage loss;
• Out-of-pocket expenses; and
• Expected future care.

Lawyers can help gather evidence, analyze faults, tell your story, and navigate the court system. For serious claims, the action should be brought in the Court of the King’s Bench. It is advisable to have counsel to take the appropriate steps in civil procedure.

Liability is determined by assessing the evidence and determining the circumstances of the accident. Once the facts are determined, the roles of each party and their actions will be assessed based on what would have been reasonable in the circumstances. It is possible that multiple parties are partially responsible for one accident.

Photographs at the scene and your statement of the circumstances of the accident are central to who is at fault for the accident. Medical records, employment records, and tax records assist in outlining the value of the claim.

Take photographs of the condition and location of the ATV right after the accident. Seek medical attention and follow their advice. Contact a lawyer.

If you are injured as a passenger, you likely have a valid claim against the driver. If two ATVs collide, either or both drivers may have a good claim.

ATV accidents often lead to serious injuries. These vehicles offer less protection and can lead to broken bones, concussions, and soft tissue injuries.

Driving in a dangerous manner is the most common cause of ATV accidents. While there are fewer motorists on trails than on the roads, the terrain is less consistent and more dangerous. Further, drinking and driving on ATVs is also common and may lead to accidents.